I've come across another piece of interesting French legislation that could be construed as a breach of Human Rights. There has been a lot of debate in French media this year regarding gay marriage and the rights of gay couples to adopt or conceive babies through sperm donors (for lesbians) or an egg donor + surrogate mother (for gays). It turns out that at the time being sperm donations are illegal in France for anybody who is not in a heterosexual relationship. This means that single mother and lesbians couples cannot be inseminated by sperm from a donor in French hospitals. That much could still be acceptable as single mothers and lesbians could very well go have an insemination in a neighbouring country or inseminate themselves at home with the sperm or a donor without passing through a clinic. But French law is much more pernicious.
Sperm donations outside the official channel (i.e. CECOS centres) are prohibited for both sperm donors and prospective mothers and punishable by a 30,500€ fine and two years in jail ! (
Loi sur la bioéthique n° 94-654 du 29 juillet 1994 - Art. L. 675)
Additionally, French law does not allow any newborn baby not to have an official father. Any child born out of wedlock must have a designated "official" father. French law does not accept 'natural children'.
This means that any woman who has a baby and is not in a proven heterosexual relationship or cannot provide a man who is willing to recognise a baby born from a sperm donation as his will potentially be regarded as having used illegal sperm donation and face imprisonment. Even a woman who has a one-night stand with a stranger and becomes pregnant could be in the same situation and be considered as having used illegal sperm donation (unless she finds the biological father and forces him to recognise the child, which may prove difficult).
The bottom line is:
in France women can be jailed for having babies out of wedlock or out of a proven heterosexual relationship, and men can also be imprisoned for donating sperms to a woman who wants a child. If that isn't an infringement of Human Rights then what is ?
Other odd fact: in France if a child is born out of wedlock, the presumed father has to officially recognise the child within three days after the birth. However
the father can recognise the child without the mother's consent or knowledge. The problem is that the paternity isn't always clear and several men can make the same claim. In that case the first man who went to recognise the child at the town hall will be the official father, even if he is not the biological father.
Since paternity tests are illegal in France (and punishable by jail sentences), in real life any man can claim any unmarried mother's child. A homeless man could claim the paternity of a rich heiress's child is she isn't married, as long as he reaches the town hall first ! That may sound crazy but it is like that in France. If a man wrongfully claims a single mother's child as his own, only a French court can order a paternity test to invalidate his claim, a process that can be lengthy, tedious and costly.